MUHAMMAD AMIR AND Another vs THE STATE — 1960 PLD 50

Citation: 1960 PLD 50

Court: Lahore High Court

Year: 1970

Decision Date: 1970-07-13

Parties: MUHAMMAD AMIR AND Another vs THE STATE

Headnotes

Case cited as PLD 1960 Pesh. 50

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: MUHAMMAD AMIR AND Another vs THE STATE Case No.: Criminal Appeal No. 806 of 1968 Date of Judgment:1970-07-13 Reported As: 1974 P Cr. L J 524 Result: Appeal allowed JUDGMENT JUDGMENT Muhammad Amir (23) and Muhammad Ashfaq (21), brothers later se were sent up by Maika Hans Police of Sahiwal District to face trial under sections 452/34, 323/34 and 302J34, P. P. C. They were tried by the learned Additional Sessions Judge who vide the impugned judgment dated the 8th of November 1968, acquitted them of charges under section 452, P. P. C. But convicted them under section 325/34, P. P. C., with an award of three years' R. I., each and a fine of Rs. 2,000 or further one year's R. I. Each in default of payment thereof. They were also convicted under section 323/34, P. P. C. With an award of a fine of Rs. 200 each or three months' R. I. In default of payment of fine. The fine of Rs. 2,000 awarded on the first count was in the event of recovery to be paid to the legal heirs of Muhammad Akram deceased. Feeling aggrieved they have preferred this appeal. 2. The relevant background of the dispute between the parties culminating in the death of Muhammad Akram deceased, first cousin of the, appellants, briefly is that Ghulam Mustafa, father of the appellants and brother of Shah Muhammad complainant, was a candidate for the post of Lambardar in village Malka Hans during the lifetime of his father Sadiq Muhammad.…

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